Terms and Conditions
LAST REVISION: 21-01-2019
Welcome to https://www.mesmerizeindia.com Mesmerizeindia.com & its affiliates provide their services to you subject to the following Terms & Conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms and Conditions Of Use Agreement (the "Agreement") governs your use of this website, http://www.mesmerizeindia.com (the "Website"), NANDINI WEST ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. NANDINI WEST reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. NANDINI WEST will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. NANDINI WEST encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with NANDINI WEST for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
PRODUCTS
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct NANDINI WEST sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations NANDINI WEST and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1.You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: mesmerize@nandiniwest.com
- You may send a written remove request to 201/A, 2ndFloor, Italian Compound, Goregaon East, Mumbai – 400063.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mesmerizeindia.com or its content suppliers. The compilation of all content on this site is the exclusive property of Mesmerizeindia.com All software used on this site is the property of Mesmerizeindia.com or its software suppliers.
Trademark
NANDINI WEST has filed its application for registration of its brand name MESMERIZE under the Trade Mark Act, 1999, India under different classes and awaiting registration. Any violation of our trademarks will be liable for legal action.
Proprietary Rights: NANDINI WEST has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by NANDINI WEST. NANDINI WEST also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Pricing
Except where noted otherwise, the List Price displayed for products on the website in Indian Rupees represents the full price of the product.
WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. NANDINI WEST does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that NANDINI WEST does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. NANDINI WEST does not endorse the contents on any such third-party websites. NANDINI WEST is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; NANDINI WEST is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from NANDINI WEST or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant NANDINI WEST a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. NANDINI WEST does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. NANDINI WEST is not liable for any damage or harm resulting from any posts by or interactions between users. NANDINI WEST reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content. NANDINI WEST deems objectionable, in sole discretion.
LIMITATION OF LIABILITY
NANDINI WEST ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
NANDINI WEST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless NANDINI WEST, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to NANDINI WEST. When NANDINI WEST is threatened with suit or sued by a third party, NANDINI WEST may seek written assurances from you concerning your promise to indemnify NANDINI WEST; your failure to provide such assurances may be considered by NANDINI WEST to be a material breach of this Agreement. NANDINI WEST will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of NANDINI WEST choice at its expense. NANDINI WEST will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend NANDINI WEST against any claim, but you must receive NANDINI WEST prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY
NANDINI WEST believes strongly in protecting user privacy. Please refer to NANDINI WEST privacy policy, incorporated by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure. NANDINI WEST will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. NANDINI WEST may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and NANDINI WEST and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of NANDINI WEST to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Mumbai, Maharashtra, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor NANDINI WEST will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the Mumbai Jurisdiction. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination.NANDINI WEST reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and NANDINI WEST may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, NANDINI WEST reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until NANDINI WEST chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. NANDINI WEST makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. NANDINI WEST may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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Site Access
Mesmerizeindia.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mesmerizeindia.com. You may not use any proprietary information (including images, text, page layout, or form) of Mesmerizeindia.com and our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing Mesmerizeindia.com name or trademarks without the express written consent of Mesmerizeindia.com. Any unauthorized use terminates the permission granted by Mesmerizeindia.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mesmerizeindia.com so long as the link does not portray Mesmerizeindia.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mesmerizeindia.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mesmerizeindia.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, And Other Content+
Visitors may post reviews, comments, and other content; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mesmerizeindia.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mesmerizeindia.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mesmerizeindia.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mesmerizeindia.com or its affiliates for all claims resulting from content you supply. Mesmerizeindia.com has the right but not the obligation to monitor and edit or remove any activity or content. Mesmerizeindia.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk Of Loss
All items purchased from Mesmerizeindia.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Mesmerizeindia.com and its affiliates attempt to be as accurate as possible. However, Mesmerizeindia.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mesmerizeindia.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing
For merchandise shipped within India, additional Taxes(at the applicable rate) may have to be paid over and above the discounted price for products on sale.
End Of Season Sale
Mesmerize shall introduce many discounts and offers that may not be applicable to all the products. The discounts and offers may change from time to time. The brand reserves the right to change the terms and conditions at its discretion at any time without prior intimation.